ALBANY, N.Y. – Last year's deadly limo crash in upstate New York may be a watershed moment for the industry as it continues to face scrutiny over the safety of its vehicles.

New York has vowed to pass a new round of regulations in the hopes of preventing another tragedy.

And the crash, which killed 20 people, has raised new questions over whether consumers should rely on regulators to ensure the limos they ride in are being properly inspected – particularly as the season nears for proms, wedding and wine tours.

A review by the USA TODAY Network New York found a scattershot system of oversight across the country. States often develop their own rules with limited enforcement over limos that are cut and "stretched" aftermarket and lack the same safety features as passenger vehicles.

“When it comes to stretch limousine construction and oversight, there is an element of Frankenstein involved,” said Deborah A.P. Hersman, president and CEO of the National Safety Council, a nonprofit in Illinois, and a former chair of the National Transportation Safety Board.

The 2001 Ford Excursion stretch limousine involved in the Oct. 6, 2018, crash in Schoharie, New York, that killed 20 came to rest in a ravine.(Photo: New York State Police/NTSB)

The cause of the October crash that killed 17 passengers, its driver and two pedestrians outside a popular country store in Schoharie, a small town outside of Albany, remains under investigation by the National Transportation Safety Board.

It was the most deadly transportation crash in the U.S. in nearly a decade.

Safety advocates are now warning riders to take extra precautions before they use limos, and businesses that benefit from the trips, such as tourist spots and wineries, are hopeful any backlash won't hurt their number of visitors.

The crash is on consumers' minds. Sangita Patel, a parent in Brighton, said she still thinks a limo is a good option for her daughter Aarya heading to the senior prom this year.

The Patel Family, from left to right: Aarya, Ayesha and Arjun, Sangita and Raj Patel. Aarya is a high school senior.(Photo: Provided)

But the Schoharie crash has her thinking more about the limo company she chooses.

“Before I think we took limos for granted," she said. "We thought, ‘Oh, they’re a limo driver, they’re a professional driver, and that’s the safest option.’ But I think the crash last year made you think, ‘We just have to do a little more due diligence.’ ”

What caused the crash?

In the Oct. 6, 2018, crash, the vehicle – a modified 2001 Ford Excursion – had failed multiple state inspections in the months leading up to the crash, and its driver did not have the proper certification to drive the automobile.

"We are advancing reforms that will give aggressive new powers that will allow authorities to take dangerous vehicles off the roads without delay, hold unscrupulous businesses accountable and increase public safety in every corner of New York," he said.

But the proposal was scaled back last month amid questions over whether it was legal and concerns that it would bankrupt the limo industry in New York.

Robert Palencar, owner of Uptown Limousine Service in Binghamton, called it a “major knee-jerk reaction to a major incident."

“It’s unfair to many. How would we feel about paying taxes and employing people and now being outcast and banned – that’s unfair.”

Instead, Cuomo now hopes to ban limousines that do not comply with federal standards and impose hefty fines and felony charges against operators who skirt the state's inspection laws.

“This proposal has been and continues to be focused on increasing public safety – and that has not changed," Jason Conwall, a Cuomo spokesman, said.

'An element of Frankenstein'

A limousine pulls into Buttonwood Grove Winery in Romulus, New York, during a Mardi Gras event held on Feb. 23, 2019.(Photo: Matt Steecker / Ithaca Journal)

Stretch limousines have a different set of safety standards than regular passenger vehicles, said Raul Arbelaez, an engineering expert with the Insurance Institute for Highway Safety, a Virginia-based group funded by the auto-insurance industry.

The vehicles, he said, aren't required to meet the same front and side crash protection standards as regular passenger cars and do not have to undergo any crash testing.

They begin as regular vehicles that are essentially cut in half and extended.

Original equipment seats are removed, and new seating is added that typically changes passenger orientation from front-facing to side-facing.

The Schoharie limo began its life with seating for nine. When it crashed, it could accommodate 18.

In the modification process, the side rollover pillars, airbags and other features required in passenger cars to help absorb impact forces and protect interior occupants are frequently removed and not replaced.

“Even though they’re roadworthy, it doesn’t mean they offer the same crash-worthiness protection as the non-modified vehicle,” Arbelaez said.

Tom Horvath, of Upper Black Eddy, Pennsylvania, exits a limo in the parking lot of Buttonwood Grove Winery in Romulus, New York, during a Mardi Gras event.(Photo: Matt Steecker/Ithaca Journal)

Some manufacturers, including Ford and General Motors, have strict programs that ensure vehicles are modified according to the standards of the original manufacturers.

But there are no laws mandating that limousines meet those specifications, and most coach builders make custom vehicles based on customer preferences, according to the trade group Luxury Coach and Transportation.

Critically, the Schoharie limo was missing its Federal Motor Vehicle Safety Standard tag listing the name of the company that modified the original vehicle, records show.

While there has so far been no indication that structural failure was a factor in the deadly October crash, federal rules passed in 2005 say that coachbuilders are legally responsible for certifying their vehicles to meet federal safety standards.

Additionally, limos often aren’t required to have safety features mandated for other large vehicles, such as emergency exits or fire extinguishers.

Improving enforcement

State police say 20 people died in a crash in upstate New York that local officials say involved a limousine near a crowded tourist spot.(Photo: Francois Duckett/AP)

The Schoharie crash has changed the perspective of how the industry is viewed, at least in New York – which already had among the strictest standards in the nation.

Limousines in New York must undergo safety inspections from the state's Department of Transportation every six months.

A failed inspection can be triggered by anything from a broken tail light to faulty brakes. Depending on the severity of the defect, an out-of-service sticker is placed on the windshield and the vehicle is prohibited from use until a repair can be made and the vehicle passes inspection.

It's a point that the limousine owner's lawyers tried to make this month in its response to the civil suit, arguing that "the plaintiffs' injuries, if any, were increased or caused by plaintiffs' failure to use or wear seat belts at the time of the occurrence."

Requiring seat belts to be worn in all vehicles, including limos, has been backed by AAA, the Insurance Institute for Highway Safety and the National Safety Council.

"The seat belt is the No. 1 life-saving device in the vehicle," Arbelaez, the IIHS engineer, said.

Seat-belt use across the country is at 90 percent, an all-time high, but a majority of passengers in limousines and ride-share vehicles don't buckle up, even if a seat belt is available.

Cuomo also is seeking to ban limousines from making U-turns, an idea that has the backing of AAA.

Good for business

Wineries in the mid-Hudson Valley and elsewhere in New York said the business that comes from the limo industry is invaluable to their success. And they fear any new laws or stigma against the industry could trickle down to their operations.

David Bova, the general manager of Millbrook Vineyards & Winery, said in the summer and fall seasons the winery will see limos most weekends.

“It’s good business,” he said of limousines. “We need all the business we can get.”

But customers have been more cautious of the vehicles in the wake of the crash, said Linda Smith, the owner of Your Day Your Way Wedding Planning in East Greenbush, a suburb outside Albany.

"I wouldn't say they're more concerned and hesitant, they're just asking more questions," she said. "They're being more proactive."

Smith is proactive herself, referring customers only to a handful of local limousine services she has personally checked out.

"Most of the couples realize that the tragedy that took place in October was from a company that took short cuts and tried getting around the laws," she said.

What to look for

Patrons sit at a bar inside Millbrook Vineyards and Winery. David Bova, one of the winery's owners, said he doesn't think the entire stretch limousine industry should pay as a result of the Schoharie, New York, limo crash that killed 20 people.(Photo: Jack Howland/Poughkeepsie Journal)

Consumers should be on the lookout to ensure they are getting into a safe vehicle, said Robert Sinclair, a spokesman for AAA in New York.

"I would look for the year, make and model of the vehicle," he said. "I think the newer the better."

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Family members console one another at the Mohawk Gatway Bridge in the city of Amsterdam during a candlelight vigil for the 20 people who were killed in a limousine accident in Schoharie, N.Y., on Saturday. RICKY FLORES/LOHUD.COM-USA TODAY NETWORK

Oct 8, 2018; Amsterdam, NY, USA; Thousands gather at the Mohawk Gatway Bridge in the city of Amsterdam for a candlelight vigil for the 20 people who were killed in limousine accident in Schoharie on Saturday. RICKY FLORES/LOHUD.COM-USA TODAY NETWORK

From left, New York Assemblyman Angelo Santabarbara, city of Amsterdam mayor Michael Villa, New York state Sen. George A. Amedore, and New York Congressman Paul Tonko gather with family members and friends
of the victims for a candlelight vigil memorial at Mohawk Valley Gateway Overlook Pedestrian Bridge in Amsterdam, N.Y., Monday, Oct. 8, 2018. The memorial honored 20 people who died in Saturday's fatal limousine crash in Schoharie, N.Y. Hans Pennink/AP

Mourners attend a candlelight vigil for the victims of the fatal limousine crash on Oct. 8, 2018 in Amsterdam, New York. Twenty died in the crash including the driver of the limo, 17 passengers, and two pedestrians. Stephanie Keith/Getty Images

Family members console one another at the Mohawk Gateway Bridge, Monday, mourning the loss of 20 people killed in the largest U.S. transportation accident since 009. RICKY FLORES/LOHUD.COM-USA TODAY NETWORK

AMSTERDAM, NY - OCTOBER 08: Mourners attend a candlelight vigil for the victims of the fatal limousine crash on October 8, 2018 in Amsterdam, New York. 20 people died in the crash including the driver of the limo, 17 passengers, and two pedestrians. Stephanie Keith/Getty Images